The judgment emphasizes that skin-to-skin contact is not necessary for an act to qualify as sexual assault under Section 7 of the POCSO Act.
In a significant judgment, the Orissa High Court upheld the conviction of Abinash Digal @ Papun Digal for sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and for outraging the modesty of a woman under the Indian Penal Code (IPC). The court clarified that physical contact with sexual intent, even without skin-to-skin contact, falls under the definition of sexual assault as per Section 7 of the POCSO Act.
The case stems from an incident on August 26, 2021, when the victim, a minor aged 17 years, was traveling in a bus and was subjected to inappropriate touching by the appellant. The trial court had sentenced Digal to three years of rigorous imprisonment and imposed a fine, leading to his appeal.
Justice Dr. Sanjeeb K. Panigrahi emphasized that the legislative intent behind the POCSO Act is to protect children from sexual abuse, and a narrow interpretation that requires skin-to-skin contact would defeat this purpose. The court referred to the Supreme Court's stance in similar cases, reiterating that sexual intent is the crucial factor.
The court also relied on documentary evidence to confirm the victim's age, establishing her minority, which is crucial for applying the POCSO Act. The defense's attempts to discredit the evidence were found unconvincing.
This judgment reinforces the judiciary's commitment to upholding the protective measures enshrined in the POCSO Act and sends a strong message against any form of child sexual abuse. The appeal was dismissed, affirming the trial court's decision.
Bottom Line:
Interpretation of "sexual assault" under Section 7 of the POCSO Act clarified - Physical contact with sexual intent, even without penetration, constitutes sexual assault - Skin-to-skin contact not mandatory for the offence.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Section 7; Indian Penal Code, Section 354; Code of Criminal Procedure, 1973, Section 374(2); Bharatiya Nagarik Suraksha Sanhita, 2023, Section 415(2).
Abinash Digal @ Papun Digal v. State of Odisha, (Orissa) : Law Finder Doc id # 2863130
